For the purpose of this chapter, the following terms shall have
the following meanings:
ADMINISTRATOR
The Municipal Administrator of the Municipality or his/her
designee.
ARBORIST
The arborist/horticulturist supervised by the Municipal Administrator
or his/her designee.
COMMISSION
The Shade Tree Commission of the Municipality of Norristown.
COUNCIL
The Municipal Council of Norristown.
HEAVY PRUNING
The cutting back or removal of branches or limbs of a shade
tree such that 25% or more of the branches or limbs of the shade tree
are cut back or removed.
PERMIT
A written permit or authorization issued by the Administrator.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including the plural of each.
PUBLIC AREA
Any public right-of-way, park, easement or other area under
the control of the Municipality, including the cartway and sidewalk
located within the public right-of-way of streets, highways, alleys,
and other public ways.
SHADE TREE
Any tree in or upon any public area in the Municipality of
Norristown and also in or upon property owned by the Municipality
of Norristown.
It shall be unlawful for any person to carry out any of the
following activities:
A. Planting, transplanting, heavy pruning, removing, or otherwise disturbing any shade tree or portion thereof without a permit as required in §
82-3.
B. Cutting or breaking limbs or trunks; climbing a shade tree with spikes;
injuring or destroying a shade tree, or authorizing such actions.
C. Causing or authorizing a wire or other conductor charged with electricity
to come into contact with any shade tree in a manner that may injure
or kill it.
D. Causing or authorizing any oil, gasoline, paint, hot water, steam
or other gas, liquid or solid substance deleterious to a shade tree
to contact any shade tree or to enter the soil about the base or root
system of a shade tree in any manner that may injure or kill it.
E. Interfering or causing or authorizing interference with the Municipality
or any of its agents or employees while they are engaged in planting,
inspecting, maintaining or removing shade trees.
F. Supervising or authorizing construction, alterations, repairs or
demolition activities in the vicinity of any shade tree without first
placing sufficient guards or protectors that will prevent injury or
destruction of said shade tree arising out of such activities. The
placement of guards or protectors shall be in accordance with any
rules and regulations adopted by the Commission or with written authorization
of the Arborist or the Administrator.
G. Placing or maintaining upon the ground any asphalt, cement, stone
or other material or substance in such manner as may obstruct or further
obstruct free access of light, air and water to the roots of any shade
tree.
H. Fastening any rope, wire, nail, sign, electric attachment, poster
or similar man-made object to any shade tree or to any guard about
a shade tree.
I. Removing or tampering with any object or device set for the protection
or treatment of any shade tree.
J. Placing or storing any building or construction materials or making
any mortar or cement within six feet of any shade tree.
K. Hitching or fastening any animal, bicycle or vehicle to any shade
tree.
L. Constructing site access, whether permanent or temporary, within
five feet of any shade tree.
M. Constructing a curb cut and/or driveway within six feet of any shade
tree.
N. Damaging, disturbing, pruning or cutting the roots of a shade tree by tunneling, trenching, digging or otherwise within six feet of a shade tree for the purpose of installing or repairing sidewalk, curb, pipe, conduit, electric wire, or the like, without a permit as required in §
82-3.
O. Compacting soil within six feet of a shade tree.